Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2104 Barcode 709114 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 04/29/2009 02:29 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Justice moved the following: 1 Senate Amendment 2 3 Delete lines 690 - 876 4 and insert: 5 Section 12. Section 376.30702, Florida Statutes, is amended 6 to read: 7 376.30702 Contamination notification.— 8 (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds 9 and declares that when contamination is discovered by any person 10 as a result of site rehabilitation activities conducted pursuant 11 to the risk-based corrective action provisions found in s. 12 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or 13 pursuant to an administrative or court order, it is in the 14 public’s best interest that potentially affected persons be 15 notified of the existence of such contamination. Therefore, 16 persons discovering such contamination shall notify the 17 department and those identified under this section of thesuch18 discovery in accordance with the requirements of this section,19and the department shall be responsible for notifying the20affected public. The Legislature intends for the provisions of 21 this section to govern the notice requirements for early 22 notification of the discovery of contamination. 23 (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY 24 BOUNDARIES.—If at any time during site rehabilitation conducted 25 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,ors. 26 376.30701, or an administrative or court order the person 27 responsible for site rehabilitation, the person’s authorized 28 agent, or another representative of the person discovers from 29 laboratory analytical results that comply with appropriate 30 quality assurance protocols specified in department rules that 31 contamination as defined in applicable department rules exists 32 in any groundwater, surface water, or soilmediumbeyond the 33 boundaries of the property at which site rehabilitation was 34 initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, 35ors. 376.30701, or an administrative or court order the person 36 responsible for site rehabilitation shall give actual notice as 37 soon as possible, but no later than 10 days from such discovery, 38 to the Division of Waste Management at the department’s 39 Tallahassee office. The actual notice shall be provided on a 40 form adopted by department rule and mailed by certified mail, 41 return receipt requested. The person responsible for site 42 rehabilitation shall simultaneously providesuchnotice to the appropriate department district office,and 44 the appropriate county health department, and all known lessees45and tenants of the source property. 46 (b) The notice shall include the following information: 47 1.(a)The location of the property at which site 48 rehabilitation was initiated pursuant to s. 376.3071(5), s. 49 376.3078(4), s. 376.81,ors. 376.30701, or an administrative or 50 court order and contact information for the person responsible 51 for site rehabilitation, the person’s authorized agent, or 52 another representative of the person. 53 2.(b)A listing of all record owners of any real property,54other than the property at which site rehabilitation was55initiated pursuant to s.376.3071(5), s.376.3078(4), s.376.81,56or s.376.30701,at which contamination has been discovered; the 57 parcel identification number for any such real property; the 58 owner’s address listed in the current county property tax office 59 records; and the owner’s telephone number.The requirements of60this paragraph do not apply to the notice to known tenants and61lessees of the source property.62 3.(c)Separate tables forby medium, such asgroundwater, 63 soil, and surface water which, or sediment, thatlist sampling 64 locations identified on the vicinity map as provided in 65 subparagraph 4.; sampling dates; names of contaminants detected 66 above cleanup target levels; their corresponding cleanup target 67 levels; the contaminant concentrations; and whether the cleanup 68 target level is based on health, nuisance, organoleptic, or 69 aesthetic concerns. 70 4.(d)A vicinity map that shows each sampling location with 71 corresponding laboratory analytical results pursuant to 72 subparagraph 3.and the date on which the sample was collected73 and that identifies the property boundaries of the property at 74 which site rehabilitation was initiated pursuant to s. 75 376.3071(5), s. 376.3078(4), s. 376.81,ors. 376.30701, or an 76 administrative or court order and anytheother properties at 77 which contamination has been discovered during such site 78 rehabilitation. If available, a contaminant plume map signed and 79 sealed by a Florida-licensed professional engineer or geologist 80 may be included with the vicinity map. 81 (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.— 82 (a) After receiving the actual notice required under 83 subsection (2), the department shall notify the following 84 persons of such contamination: 85 1. The mayor, the chair of the county commission, or the 86 comparable senior elected official representing the affected 87 area. 88 2. The city manager, the county administrator, or the 89 comparable senior administrative official representing the 90 affected area. 91 3. The school district superintendent representing the 92 affected area. 93 4. The state senator, state representative, and United 94 States Representative representing the affected area and both 95 United States Senators. 96 5.a. All real property owners, presidents of any 97 condominium associations or sole owners of condominiums, 98 lessees, and tenants of record of the property at which site 99 rehabilitation is being conducted, if different from the person 100 responsible for site rehabilitation; 101 b. All real property owners, presidents of any condominium 102 associations or sole owners of condominiums, lessees, and 103 tenants of record of any properties within a 500-foot radius of 104 each sampling point at which contamination is discovered, if 105 site rehabilitation was initiated pursuant to s. 376.30701 or an 106 administrative or court order; and 107 c. All real property owners, presidents of any condominium 108 associations or sole owners of condominiums, lessees, and 109 tenants of record of any properties within a 250-foot radius of 110 each sampling point at which contamination is discovered or any 111 properties identified on a contaminant plume map provided 112 pursuant to subparagraph (2)(b)4., if site rehabilitation was 113 initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s. 114 376.81 or at or in connection with a permitted solid waste 115 management facility subject to a ground water monitoring plan. 116 (b)1. The notice provided to local government officials 117 shall be mailed by certified mail, return receipt requested, and 118 shall advise the local government of its responsibilities under 119 subsection (4). 120 2. The notice provided to real property owners, presidents 121 of any condominium associations or sole owners of condominiums, 122 lessees, and tenants of record may be delivered by certified 123 mail, return receipt requested, first-class mail, hand delivery, 124 or door-hanger. 125 (c) Within 30 days after receiving the actual notice 126 required underpursuant tosubsection (2),or within 30 days of127the effective date of this act if the department already128possesses information equivalent to that required by the notice,129 the department shall verify that the person responsible for site 130 rehabilitation has complied with the notice requirements of this 131 sectionsend a copy of such notice, or an equivalent132notification, to all record owners of any real property, other133than the property at which site rehabilitation was initiated134pursuant to s.376.3071(5), s.376.3078(4), s.376.81, or s.135376.30701, at which contamination has been discovered. If the 136 person responsible for site rehabilitation has not complied with 137 the notice requirements of this section, the department may 138 pursue enforcement as provided under this chapter and chapter 139 403. 140 (d)1. If the property at which contamination has been 141 discovered is the site of a school as defined in s. 1003.01, the 142 department shall mailalso senda copy of the notice to the 143 superintendentchair of the school boardof the school district 144 in which the property is located and direct the superintendent 145said school boardto provide actual notice annually to teachers 146 and parents or guardians of students attending the school during 147 the period of site rehabilitation. 148 2. If the property at which contamination has been 149 discovered is the site of a private K-12 school or a child care 150 facility as defined in s. 402.302, the department shall mail a 151 copy of the notice to the governing board, principal, or owner 152 of the school or child care facility and direct the governing 153 board, principal, or owner to provide actual notice annually to 154 teachers and parents or guardians of students or children 155 attending the school or child care facility during the period of 156 site rehabilitation. 157 3. After receiving the notice required under subsection 158 (2), if any property within a 500-foot radius of the property at 159 which contamination has been discovered during site 160 rehabilitation pursuant to s. 376.30701 or an administrative or 161 court order is the site of a school as defined in s. 1003.01, 162 the department shall mail a copy of the notice to the 163 superintendent of the school district in which the property is 164 located and direct the superintendent to provide actual notice 165 annually to the principal of the school. 166 4. After receiving the notice required under subsection 167 (2), if any property within a 250-foot radius of the property at 168 which contamination has been discovered during site 169 rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 170 376.81 or at or in connection with a permitted solid waste 171 management facility subject to a ground water monitoring plan is 172 the site of a school as defined in s. 1003.01, the department 173 shall mail a copy of the notice to the superintendent of the 174 school district in which the property is located and direct the 175 superintendent to provide actual notice annually to the 176 principal of the school. 177 (e) Along with the copy of the noticeor its equivalent, 178 the department shall include a letter identifying sources of 179 additional information about the contamination and a telephone 180 number to which further inquiries should be directed. The 181 department may collaborate with the Department of Health to 182 develop such sources of information and to establish procedures 183 for responding to public inquiries about health risks associated 184 with contaminated sites. 185 (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30 186 days after receiving the actual notice required under subsection 187 (3), the local government shall mail a copy of the notice to the 188 president or comparable executive officer of each homeowners’ 189 association or neighborhood association within the potentially 190 affected area as described in subsection (3). 191 (5)(4)RULEMAKING AUTHORITY; RECOVERY OF COSTS OF 192 NOTIFICATION.—The department shall adopt rules and forms 193 pursuant to ss. 120.536(1) and 120.54 to implement the 194 requirements of this section and shall recover the costs of 195 postage, materials, and labor associated with notification from 196 the responsible party, except when site rehabilitation is 197 eligible for state-funded cleanup pursuant to the risk-based 198 corrective action provisions found in s. 376.3071(5) or s. 199 376.3078(4).